Planning Committee

Agenda

Meeting #:

67

Date:

Thursday, July 07, 2022

Time:

9:30 A.m. - 3:30 P.m.

Location:

Electronic Participation

Members:

• Co-Chair: Councillor G. Gower, 
• Co-Chair: Councillor S. Moffatt, 
• Councillor R. Brockington, 
• Councillor J. Cloutier, 
• Councillor C. Curry, 
• Councillor L. Dudas, 
• Councillor A. Hubley, 
• Councillor C. Kitts, 
• Councillor J. Leiper, 
• Councillor S. Menard, 
• and Councillor T. Tierney 

Kelly Crozier, Committee Coordinator
[phone], ext. 16875
[e-mail]

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1.

Notices and meeting information for meeting participants and the public

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents and public speakers; notices regarding minutes; and remote participation details.

Accessible formats and communication supports are available, upon request.

Except where otherwise indicated, reports requiring Council consideration will be presented to Council on August 31, 2022 in Planning Committee Report 65.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on July 6, and the deadline to register to speak by email is 8:30 am on July 7.

2.

Declarations of Interest

3.

Confirmation of Minutes

3.1

PLC Minutes 66 – Thursday, June 23, 2022

4.

Responses to Inquiries

4.1

PC 05-21 - Radon Inquiry

5.

Postponements and Deferrals

5.1

Parkland Dedication By-law Replacement and Cash-in-lieu of Parkland Funds Policy Revision

File No. ACS2022-RCFS-GEN-0014 - City-wide

Deferred from the Planning Committee meeting of June 23, 2022.

• Report recommendations

  1. That Planning Committee recommend that Council repeal By-law 2009-95, as amended, being the Parkland Dedication By-law, and adopt a new Parkland Dedication By-law as detailed in Document 1. 
  2. That Planning Committee recommend that Council direct the ‘Cash-in-lieu of Parkland Funds Policy’ be revised as per Document 2. 
  3. That Planning Committee recommend that Council direct Recreation, Cultural and Facilities Services, Parks and Facility Planning, to: 
     
     1. further review the distribution of cash-in-lieu of parkland funds within the Parkland Dedication By-law and the Cash-in-lieu of Parkland Funds Policy; 
     2. bring forward recommended revisions to the Parkland Dedication By-law and Cash-in-Lieu of Parkland Funds Policy including an approach to:
        
        1. reflect the transect needs found within the Parks and Recreation Facilities Master Plan; and
        2. address how parkland can be provided for vulnerable communities; 
     3. bring forward the recommended revisions to the Parkland Dedication By-law and Cash-in-Lieu of Parkland Funds Policy by Q4 of 2023.
• Amendment:

  WHEREAS staff recommendation 1 of Report ACS2022-RCFS-GEN-0014 recommends that Council adopt a new Parkland Dedication By-law as detailed in Document 1 – Details of Recommended New Parkland Dedication By-law;

  AND WHEREAS staff would like to provide further clarity on the transition provisions as detailed within Section 14(3) of Document 1 – Details of Recommended New Parkland Dedication By-law;  

  AND WHEREAS staff have noted that Section 15(2) of Document 1 – Details of Recommended New Parkland Dedication By-law references the incorrect subsections; 

  THEREFORE BE IT RESOLVED that, with respect to report ACS2022-RCFS-GEN-0014, Sections 14(3) within Document 1 be deleted and replaced with the following:

  3.    An application for Official Plan Amendment, Plan of Subdivision, Part Lot Control, Plan of Condominium, Consent to Sever, or Site Plan Control that has satisfied the requirements for completeness under the Planning Act as of the date of the enactment of this By-law, or an application for Building Permit that was submitted as of the date of the enactment of this By-law, shall be required to comply with the provisions of this By-law as of the date that is one year from the enactment of this By-law, unless the application has been appealed to the Ontario Land Tribunal, or its successor, in which case the application shall be required to comply with the provisions of this By-law as of the date that is one year from the decision of the Ontario Land Tribunal or its successor. 

  AND THEREFORE BE IT RESOLVED that, with respect to report ACS2022-RCFS-GEN-0014, Section 15(2) within Document 1 be revised to delete the reference to Sections 15(2) and 15(3) and replace with reference to Sections 14(2) and 14(3).

• Amendment:

  WHEREAS staff recommendation 1 of Report ACS2022-RCFS-GEN-0014 recommends that Council adopt a new Parkland Dedication By-law as detailed in Document 1 – Details of Recommended New Parkland Dedication By-law;

  AND WHEREAS Section 1 of Document 1 includes a definition for ‘develop’;

  AND WHEREAS staff have determined that further clarity is required for the definition of ‘develop’ to ensure consistency with the Planning Act as it pertains to portable classrooms on school sites;

  THEREFORE BE IT RESOLVED that, with respect to report ACS2022-RCFS-GEN-0014, Section 1 within Document 1 be revised by deleting the definition for ‘develop’ and replacing it with the following:

  “develop” means the construction, erection or placing of one or more buildings on land or the making of an addition or alteration to a building that has the effect of substantially increasing the size or usability thereof or creating dwelling units, or the layout and establishment of a commercial parking lot, but does not include a portable classroom on a school site of a district school board, and “development”, “redevelop” and “redevelopment” have their corresponding meanings

• Amendment:

  WHEREAS staff recommendation 1 of Report ACS2022-RCFS-GEN-0014 recommends that Council adopt a new Parkland Dedication By-law as detailed in Document 1 – Details of Recommended New Parkland Dedication By-law;

  AND WHEREAS Section 1 of Document 1 includes a definition for ‘dwelling unit’;

  AND WHEREAS the definition of ‘dwelling unit’ in Section 1 of Document 1 reflects the definition as provided within the Ontario Planning Act, but differs from the definition within the current Parkland Dedication By-law, being By-law 2009-95, as amended; 

  AND WHEREAS staff have determined that further clarity is required to maintain the intent of the current Parkland Dedication By-law, being By-law 2009-95, as amended, with respect to the conveyance requirements for residential care facilities; 

  THEREFORE BE IT RESOLVED that, with respect to report ACS2022-RCFS-GEN-0014, Table 4, Section 4 within Document 1 be revised by adding “including ‘residential care facility as defined by the Zoning By-law,’ after ‘Other purposes’ and before ‘excluding residential purposes’.

• Amendment:

  WHEREAS staff recommendation 1 of Report ACS2022-RCFS-GEN-0014 recommends that Council adopt a new Parkland Dedication By-law as detailed in Document 1 – Details of Recommended New Parkland Dedication By-law;

  AND WHEREAS Section 4 of Document 1 includes Table 1: Conveyance Requirement per Use;

  AND WHEREAS staff have determined that Table 1 of Document 1 is missing ‘townhouse dwelling’ after ‘three-unit dwelling’ within the ‘Type of Development or Use’ column;

  THEREFORE BE IT RESOLVED that, with respect to report ACS2022-RCFS-GEN-0014, Revise Table 1, Section 4 of Document 1 to add ‘townhouse dwelling’ after ‘three-unit dwelling’ within the ‘Type of Development or Use’ column.

• Amendment:

  WHEREAS as a result of provincial legislative changes, the City is required to replace its existing Parkland Dedication by-law by September 18, 2022 providing an opportunity to revise the 13-year-old by-law and ensure Ottawa can continue using the alternative rate in their Cash-in-lieu of Parkland Funds Policy;

  WHEREAS the current by-law does not yield enough parkland to meet the City’s target of two hectares of parkland per 1,000 residents within all transects, except the Rural transect; and, 

  WHEREAS the deficit is highest in the densest transects: Downtown Core, Inner Urban, and Outer Urban; and,

  WHEREAS some stakeholders noted concerns that the provision of cash-in-lieu of parkland in areas where development is encouraged is high, and impacts the affordability of housing; and

  WHEREAS the city is currently working on a new Zoning By-law for Ottawa to implement the new Official Plan; and

  WHEREAS new provincial legislation under Bill 109, the More Homes for Everyone Act, will result in a number of changes to the community benefits authority under the Planning Act to help growth pay for growth; and

  WHEREAS the Development Charge rate by-law will be reviewed in 2023 for replacement in 2024; and,

  WHEREAS Council has adopted the High Performance Development Standards report that may have an impact on housing affordability; and, 

  WHEREAS staff is working on drafting Official Plan policies and Zoning provisions to implement Inclusionary Zoning (IZ) in Ottawa and create a new mechanism to encourage or require affordable housing to be developed in major transit areas; 

  WHEREAS there is no restriction on Council’s ability to amend the Parkland Dedication By-law subsequent to September 18, 2022

  THEREFORE BE IT RESOLVED that staff be directed to review the accumulated impact of these major legislative and policy changes, which are anticipated to have an impact on land prices and market conditions, and report back to committee and council on the accumulated impacts within three years and put forward recommendations to mitigate the impact on affordability if required.

5.2

Parkland First Policy

File No. ACS2022-RCF-GEN-0003 - City-wide

Deferred from the Planning Committee meeting of June 23, 2022.

• Report recommendation

  That Planning Committee recommend Council approve the Parkland First Policy detailed in Document 1.

6.

Planning, Real Estate and Economic Development Department

6.1

Zoning By-law Amendment - 3776 and 3780 Albion Road

File No. ACS2022-PIE-PS-0084 - Gloucester-Southgate (Ward 10) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 3776 and 3780 Albion Road to permit eight townhouse dwellings with site specific zoning provisions, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
• Amendment:

  WHEREAS report ACS2022-PIE-PS-0084 recommends amending the City of Ottawa Zoning By-law to permit back-to-back townhouse dwellings; and 

  WHEREAS inconsistencies were identified between Document 4 – Draft Site Plan and Document 2 – Details of Recommended Zoning; 

  THEREFORE BE IT RESOLVED that with respect to ACS2022-PIE-PS-0084, Planning Committee Recommend Council approve the following: 

  1. Document 2 be amended by adding the following to item 2(b):
     • Despite Table 160A, the minimum interior side yard setback for a townhouse dwelling in a Planned Unit Development on the north side of the parcel is 1.48m.
  2. Document 2 be amended to add a new bullet point under item 2(b)
     • maximum building height – 9 metres 

  THEREFORE BE IT FURTHER RESOLVED that there be no further notice pursuant to Section 34(17) of the Planning Act.

6.2

Zoning By-law Amendment – 108 Nepean Street, part of 257 Lisgar Street

File No. ACS2022-PIE-PS-0072 - Somerset (Ward 14) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 108 Nepean Street and part of 257 Lisgar Street to permit a 27-storey mixed-use building, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
• Amendment:

  WHEREAS report ACS2022-PIE-PS-0072 was published with the meeting agenda on June 27, 2022; 

  WHEREAS the Document 2 – Details of Recommended Zoning, inadvertently contained incorrect provisions; 

  WHEREAS the remainder of the report is accurate and the correct zoning details were provided within the body of the report.

  THEREFORE BE IT RESOLVED THAT, with respect to report ACS2022-PIE-PS-0072, the Planning Committee receive and replace Document 2 with the revised Document 2, on file with the Office of the City Clerk, prior to the item being submitted to Council.

  THEREFORE BE IT FURTHER RESOLVED that there be no further notice pursuant to Section 34 (17) of the Planning Act.

6.3

Zoning By-law Amendment – 142, 144 and 148 Nepean Street; Demolition Control – 142 Nepean Street

File No. ACS2022-PIE-PS-0073 - Somerset (Ward 14) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 142, 144 and 148 Nepean Street performance standards related to an accessory surface parking lot as detailed in Document 2.
  2. The Planning Committee recommend Council approve Demolition Control application D07-05-21-0004 concerning 142 Nepean Street as per the conditions provided in Document 3.
  3. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
• THEREFORE BE IT RESOLVED THAT Planning Committee defer the item until the August 25, 2022, Planning Committee meeting and authorize that staff may submit a revised report to Committee, if required.

• WHEREAS Report ACS2022-PIE-PS-0073 recommends approval for the demolition of 142 Nepean ; and 

  WHEREAS Document 4 provides a Memorandum of Understanding concerning the existing tenants; and

  WHEREAS The report inadvertently omitted a recommendation to implement the MOU;

  THEREFORE BE IT RESOLVED THAT with respect to report ACS2022-PIE-PS-0073, a new recommendation 4 be added to the report - “That Planning Committee recommend Council approval of Demolition Control be withheld until the Memorandum of Understanding, detailed in Document 4, has been executed by the owner/applicant”.

• THEREFORE BE IT RESOLVED THAT Planning Committee defer motion no PLC 2022-67/9 until the August 25, 2022, Planning Committee meeting.

6.4

Zoning By-law Amendment – 100 Steacie Drive

File No. ACS2022-PIE-PS-0077 - Kanata North (Ward 4) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 100 Steacie Drive to permit two four-storey apartment buildings and open space, as detailed in Documents 1, 2 and 3.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.
• WHEREAS the public meeting with respect to the application related to 100 Steacie Drive was held on February 4, 2021

  WHEREAS during the seventeen months that have passed since the original consultation was held, there has been a change in Councillor and multiple planners on this application;

  WHEREAS the community has noted that there is currently no sign in front of 100 Steacie Drive and many thought the application was no longer active;

  WHEREAS there has been no communication between the current Ward Councillor and the developer and the recent briefing with staff did not convey the level of community concern, 

  WHEREAS there is now considerable and significant community concern being expressed from the Kanata Beaverbrook Community Association, residents, business owners and the former Councillor who has extensive knowledge of the area;

  WHEREAS due to the dormancy of this file and the length of time since the public meeting, the new Councillor did not fully appreciate the community concerns that were raised during the public consultation, nor have time to consult with community leaders;

  WHEREAS a deferral to the next Planning Committee on August 25, 2022 would allow for this item to rise to the same Councill meeting as items considered at Planning Committee on July 7, 2022;

  THEREFORE BE IT RESOLVED THAT  the item 6.4 of Planning Committee’s agenda 67 be deferred to the August 25th Planning Committee meeting.

6.5

Zoning By-law Amendment – 1055 Klondike Road

File No. ACS2022-PIE-PS-0083 - Kanata North (Ward 4) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 1055 Klondike Road to permit a low-rise residential subdivision, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.

6.6

Zoning By-law Amendment – 101 and 201 Nipissing Court

File No. ACS2022-PIE-PS-0088 - Kanata North (Ward 4) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 101 and 201 Nipissing Court to permit the following additional light industrial uses: light industrial use, technology industry, research and development centre, warehouse, and truck transport terminal. 
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022”, subject to submissions received between the publication of this report and the time of Council’s decision.

6.7

Zoning By-law Amendment - 30, 38, 42 and 48 Chamberlain Avenue

File No. ACS2022-PIE-PS-0087 - Capital (Ward 17)

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 30, 38, 42 and 48 Chamberlain Avenue to amend the height schedule to properly reflect the three-storey podium intended by Council along the front façade of the proposed 16-storey mixed-use development, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022” subject to submissions received between the publication of this report and the time of Council’s decision.

6.8

Zoning By-law Amendment - 1545 Bank Street

File No. ACS2022-PIE-PS-0085 - Alta Vista (Ward 18) 

• Report recommendations

  1. That Planning Committee recommend Council approve a minor amendment to Zoning By-law 2008-250 for 1545 Bank Street to permit an eight-storey, mixed-use building, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.

6.9

Zoning By-law Amendment - 2571 and 2595 Lancaster Road

File No. ACS2022-PIE-PS-0041 - Alta Vista (Ward 18)

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 2571 and 2595 Lancaster Road to permit a two storey office complex, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022,” subject to submissions received between the publication of this report and the time of Council’s decision.

6.10

Zoning By-law Amendment – Part of 673 Rideau Road

File No. ACS2022-PIE-PS-0086 - Osgoode (Ward 20) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for Part of 673 Rideau Road to rezone the lands to permit the development of a mix of residential building forms and open space, as detailed in Document 2. 
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31 2022, subject to submissions received between the publication of this report and the time of Council’s decision.

6.11

Zoning By-law Amendment – 797 Richmond Road

File No. ACS2022-PIE-PS-0004 - Kitchissippi (Ward 15) 

• Report recommendations

  1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 797 Richmond Road to permit a nine-storey mixed use building, as detailed in Document 2.
  2. That Planning Committee approve the Consultation Details Section of this report be included as part of the ‘brief explanation’ in the Summary of Written and Oral Public Submissions, to be prepared by the Office of the City Clerk and submitted to Council in the report titled, “Summary of Oral and Written Public Submissions for Items Subject to the Planning Act ‘Explanation Requirements’ at the City Council Meeting of August 31, 2022, subject to submissions received between the publication of this report and the time of Council’s decision.
• Amendment:

  WHEREAS as part of report ACS2022-PIE-PS-0004 entitled “Zoning By-law Amendment – 797 Richmond Road” the details of the recommended zoning in item 2(a)(ii)(1) in Document 2 on page 11 notes a roof top amenity area which projects above the maximum permitted height limit may not exceed three metres in height; and

  WHEREAS an additional one metre in height is required to account for the construction of the ceiling, mechanical, and membrane above the proposed amenity space. 

  THEREFORE BE IT RESOLVED THAT with respect to report ACS2022-PIE-PS-0004, Planning Committee recommend Council delete the word “three” from item 2(a)(ii)(1) as contained in Document 2 on page 11 and substitute with the word “four”.

7.

In Camera Items

8.

Notices of Motions (For Consideration at Subsequent Meeting)

9.

Inquiries

10.

Other Business

11.

Adjournment

Next Meeting

Thursday, August 25, 2022.